Provide the required SAP information
49 CFR 40.287 requires an employer to provide each employee, applicant or new employee who violates a DOT drug and alcohol regulation with a list of SAPs who are readily available and acceptable to the employer. The list must include names, addresses and telephone numbers, and the employer cannot charge the individual for compiling or providing it.
The obligation applies even when the employer terminates the employee or decides not to hire an applicant. The list may be supplied directly by the employer or through a C/TPA or other service agent. DOT itself does not maintain a referral list of individual SAPs.
A referral does not require the employer to pay for treatment
The requirement to provide SAP information is different from an obligation to fund the process. Under 49 CFR 40.289, an employer is not required by Part 40 to provide or pay for the SAP evaluation, education or treatment. Payment can instead depend on employer policy, an agreement with the employee, a labor agreement or available benefits.
If the employer chooses to return the employee to DOT safety-sensitive duties, however, it must ensure that the employee has been evaluated by a qualified SAP and successfully complied with the SAP's recommendations before proceeding to RTD testing.
Do not return the employee after SAP compliance alone
A SAP's successful-compliance determination does not itself authorize safety-sensitive work. Under 49 CFR 40.305, an employer choosing to return the person to safety-sensitive duties must ensure the required RTD test is completed first. A drug RTD result must be negative, and an alcohol RTD result must be below 0.02.
The employer still retains the personnel decision whether to return the person to the position. Regulatory eligibility is not a requirement to rehire or reinstate. Employers needing the full sequence can review the return-to-duty process.
Keep the testing and follow-up responsibilities separate
For new or transferring safety-sensitive employees, employers have testing-history obligations under 49 CFR 40.25. FMCSA-regulated employers satisfy applicable FMCSA history-query requirements through the Clearinghouse while still addressing other Part 40 requirements where relevant.
After RTD, the employer must carry out the SAP's follow-up testing directions. Follow-up tests are unannounced, are separate from random tests and cannot be replaced by random testing. The SAP must require at least six tests during the first 12 months of safety-sensitive duty. Employers must not give the employee the actual follow-up testing schedule. See follow-up drug testing requirements.